PURPOSE: This rule sets forth the permitting and other requirements for concentrated animal feeding operations. Minimum federal requirements are incorporated and additional state requirements are included to provide increased environmental protection of sensitive watersheds. This rule consolidates requirements for animal feeding operations from other Chapter 6 rules. Section (5) of this rule contains the letter of approval application procedures which were previously under sections (4)–(10) of 10 CSR 20-6.015.

PUBLISHER’S NOTE: The publication of the full text of the material that the adopting agency has incorporated by reference in this rule would be unduly cumbersome or expensive. Therefore, the full text of that material will be made available to any interested person at both the Office of the Secretary of State and the office of the adopting agency, pursuant to section 536.031.4, RSMo. Such material will be provided at the cost established by state law.

1. (1) Definitions.

   1. (A) Definitions as set forth in the Missouri Clean Water Law, Chapter 644, Concentrated Animal Feeding Operation (Hog Bill) Section 640.700–640.758, RSMo, and 10 CSR 20-2.010 shall apply to those terms when used in this rule.

   2. (B) Other applicable definitions are incorporated as follows:

      1. 1. Abandoned property—Real property

previously used for, or which has the potential to be used for, agricultural purposes which has been placed in the control of the state, a county, or municipal government, or an agency thereof, through donation, purchase, tax delinquency, foreclosure, default or settlement, including conveyance by deed in lieu of foreclosure, and has been vacant for a period of not less than three (3) years;

1. 2. Animal—Domestic animals, fowls or

other types of livestock except for aquatic animals;

1. 3. Animal unit—A unit of measurement

to compare various animal types at a concentrated animal feeding operation. One animal unit equals the following: 1.0 beef feeder or slaughter animal; 0.5 horse; 0.7 dairy cow; 2.5 swine weighing over 55 pounds; 15 nursery pigs weighing less than 55 pounds; 10 sheep; 30 chicken laying hens; 60 chicken layer pullets; 55 turkeys; 100 broiler chickens or an equivalent animal unit. The total animal units at each operating location are determined by adding the animal units for each 10 CSR 20-6

animal type;

1. 4. Animal unit equivalent—An equiva-

lent animal type and weight that has a similar amount of manure produced as one of the listed animal unit categories. This also applies to other animal types which are not specifically listed;

1. 5. Catastrophic storm—A precipitation

event of twenty-four (24)-hour duration that exceeds the twenty-five (25)-year, twentyfour (24)-hour storm event;

1. 6. Chronic storm event—A precipitation

event with a duration of more than twentyfour (24) hours that exceeds the one-in-ten (1-in-10) year return frequency. Includes ten (10)-year, ten (10)-day storm, ten (10)-year, three hundred sixty-five (365)-day storm and the ten (10)-year, three hundred sixty-five (365)-day rainfall minus evaporation or equivalent rainfall events as defined by the National Oceanic and Atmospheric Administration;

1. 7. Class I and II operation. The class is

a size category based on the design capacity of animal units or animal unit equivalents at an operating location. Class I includes the subsets of Class IA, IB and IC. Operations that are smaller than the Class II category are unclassified. Class by animal units is presented in the following chart: 1.0 Beef feeder or slaughter animal

0.5 Horse

0.7 Dairy cow

Beef feeder or slaughter animal

Horse

Dairy cow

Swine weighing over 55 lbs.

Swine weighing under 55 lbs.

Sheep

Chicken laying hens

Chicken layer pullets

Turkeys

Broiler chickens

*Animal Units (AUs) 2.5

Class IA 7,000 AUs*

7,000

3,500

4,900

17,500

105,000

70,000

210,000

420,000

385,000

700,000 1 Animal Unit=

Swine weighing over 55 lbs.

Swine weighing less than 55 lbs.

Sheep

Animal Class Category

Class IB 3,000 to 6,999 AUs

3,000 to 6,999

1,500 to 3,499

2,100 to 4,899

7,500 to 17,499

45,000 to 104,999 30,000 to 69,999

90,000 to 209,999

180,000 to 419,999

165,000 to 384,999

300,000 to 699,999 30 Chicken laying hens

60 Chicken layer pullets

55 Turkeys

100 Broiler chickens

Class IC 1,000 to 2,999 AUs

1,000 to 2,999

500 to 1,499

700 to 2,099

2,500 to 7,499 15,000 to 44,999

10,000 to 29,999

30,000 to 89,999

60,000 to 179,999

55,000 to 164,999

100,000 to 299,999 Class II 300 to 999 AUs

300 to 999

150 to 499 200 to 699

750 to 2,499

4,500 to 14,999

3,000 to 9,999

9,000 to 29,999

18,000 to 59,999

16,500 to 54,999

30,000 to 99,999

1. 8. Concentrated animal feeding opera-

tion. An operating location where animals have been, are, or will be stabled or confined and fed or maintained for a total of forty-five (45) days or more in any twelve (12)-month period, and a ground cover of vegetation is not sustained over at least fifty percent (50%) of the animal confinement area and meets one (1) of the following criteria:

1. A. Class I operation; or
2. B. Class II operation that discharges

through a man-made conveyance or where pollutants are discharged directly into waters of the state which originate outside of and pass over, across or through the operation or otherwise come into direct contact with the animals confined in the operation;

1. 9. Critical watersheds—defined as the

following:

1. A. Watersheds for public drinking

water lakes (L1 lakes defined in 10 CSR 20- 7.031 and identified in Table G);

1. B. Watersheds located upstream away

from the dam from all drinking water intake structures on lakes including the watershed of Table Rock Lake;

1. C. Areas in the watershed and within

five (5) miles upstream of any stream or river drinking water intake structure, other than those intake structures on the Missouri and Mississippi Rivers; and

1. D. Watersheds of the Current (head-

waters to Northern Ripley County Line), Eleven Point (headwaters to Hwy. 142) and Jacks Fork (headwaters to mouth) Rivers;

1. 10. Dry litter—A waste management

system where the animals are confined on a floor that is covered with wood chips, rice hulls or similar materials and the resulting litter/manure mixture has at least fifty percent (50%) dry matter and is not exposed to precipitation or storm water runoff during storage;

1. 11. Facility—Any Class IA concentrate

animal feeding operation which uses a flush system;

1. 12. Flush system—Any animal waste

moving or removing system utilizing liquid as the primary moving and removal force from animal containment buildings, as opposed to a primarily mechanical or automatic device;

1. 13. Man-made conveyance—A device

constructed by man and used for the purpose of transporting wastes, wastewater or storm water into waters of the state. This includes, but is not limited to, ditches, pipes, gutters, emergency overflow structures, grass waterways, constructed wetland treatment systems, overland flow treatment systems or similar systems. It also includes the improper land application of process wastes so as to allow runoff of applied wastewater during land application;

1. 14. Mechanical or automatic device—A

method or mechanical invention to remove animal wastes, such as screw augers, scrappers, etc., that does not use liquid as the primary removal force;

1. 15. No-discharge operation—An opera-

tion designed, constructed and operated to meet each of the following conditions:

1. A. To hold or irrigate, or otherwise

dispose without discharge to surface or subsurface waters of the state, all process wastes and associated storm water flows except for discharges that are caused by catastrophic storm events;

1. B. Process wastes are not land applied

during frozen, snow covered or saturated soil conditions; and

1. C. Basins are sealed in accordance

with 10 CSR 20-8;

1. 16. Occupied residence—A dwelling

place for people which is inhabited at least fifty percent (50%) of the year;

1. 17. One-in-ten (1-in-10) year precipita-

tion—The wettest precipitation expected once every ten (10) years for a three hundred sixty-five (365)-day period, based on at least thirty (30) years of records from the National Climatic Data Center;

1. 18. Operating location—All contiguous

lands owned, operated or controlled by one (1) person or by two (2) or more persons jointly or as tenants in common or noncontiguous lands if they use a common area for the disposal of wastes. State and county roads are not considered property boundaries for purposes of this rule;

1. 19. Process wastes—Process waste

includes manure, wastewater and any precipitation which comes into contact with any manure, litter or bedding or any other raw material or intermediate or final material or product used in the production of animals or direct products. It includes spillage or overflow from animal watering systems; washing, cleaning or flushing of pens, barns, manure pits or other associated animal operations; washing or spray cooling of animals; dust control; storm water runoff from animal confinement areas and loading and unloading areas; storm water runoff from deposits of airborne dust from building ventilation systems or spillage of feed or manure; discharges from land application fields that occur during land application; and storm water runoff from land application fields if wastes are applied during frozen, snow covered or saturated soil conditions or if application rates exceed the maximum nitrogen utilization of the vegetation grown; 10 CSR 20-6

1. 20. Public building—A building open to

and used routinely by the public for public purposes;

1. 21. Wet handling system—Wet handling

system is the handling of manure that contains less than fifty percent (50%) dry matter or has free draining liquids. Wet handling includes the storage of dry manure or dry litter so that it is exposed to rainfall or storm water runoff. Wet handling system also includes all gravity outfall lines, recycle pump stations, recycle force mains and appurtenances.

1. (2) General.

   1. (A) All persons who build, erect, alter, replace, operate, use or maintain operations for generation, storage, treatment, use or disposal of process wastes from concentrated animal feeding operations shall obtain permits as follows:

      1. 1. Class I concentrated animal feeding

operations;

1. 2. Class II concentrated animal feeding

operations which discharge through a manmade conveyance; or

1. 3. An operation designated on a case-by-

case basis under subsection (2)(C) of this rule.

1. (B) Exemptions.

   1. 1. Small scale pilot projects or demon-

stration projects for beneficial use that do not exceed a period of one (1) year may be exempted by written project approval from the permitting authority, provided the facilities are three hundred (300) animal units or smaller. The department may extend the permit exemption for up to one (1) additional year after review of the first year’s results. A permit application shall be submitted at least ninety (90) days prior to end of the demonstration period if the facility intends to continue operation.

1. 2. A permit is not required for animal

feeding operations of less than three hundred (300) animal units when the operation utilizes applicable best management practices approved by the department.

1. 3. Permits are not required for the com-

posting of dead animals at Class IC or smaller operations when—

1. A. The compost operation and raw

materials storage are located in enclosed buildings with impermeable floors; or

1. B. The unroofed compost area covers

less than five thousand (5,000) square feet and is underlain with an impermeable floor, and raw materials are covered by a tarp or impermeable cover.

1. 4. Permits are not required for storage

buildings for dry litter, compost or similar materials, if the storage structure is roofed and has impermeable floors.

1. 5. Minor piping changes and other

minor modifications as determined by the department.

1. 6. Livestock markets are exempt from

the provisions of 10 CSR 20-6.300(5).

1. (C) Nothing shall prevent the department from taking reasonable action to assure that operations do not discharge into waters of the state, including requiring permits or letters of approval for operations normally exempted under this rule. Permits or letters of approval may be required where necessary to protect the environment, including the following:

   1. 1. To correct noncompliance;
   2. 2. When the department has determined

that construction or operating practices are not adequate to ensure the operation will be operated in a no-discharge manner;

1. 3. The department determines from an

on-site visit that permits are necessary to require special design, operating controls or monitoring and reporting requirements of site-specific conditions such as groundwater effects, surface runoff, waste or wastewater characteristics, topography, geology, watershed factors or land application loading rates;

1. 4. When an unauthorized discharge has

occurred or has the potential to occur;

1. 5. When a discharge results in violation

of water quality standards under 10 CSR 20- 7.031; or

1. 6. Other relevant factors.

2. (D) Critical Watersheds.

   1. 1. Class IA concentrated animal feeding

operations (both new and those operations that wish to expand to Class IA size) are prohibited from the identified watersheds of the Current, Jacks Fork and Eleven Point Rivers (10 CSR 20-6.300(1)(B)9.D.).

1. 2. Class IA concentrated animal feeding

operations, located in critical watersheds defined in 10 CSR 20-6.300(1)(B)9.A.–C. shall submit a spill prevention plan for department approval. New and expanding operations shall submit with the permit application.

1. (E) Design Standards.

   1. 1. Process wastewater systems shall be

designed in accordance with the design standards rule under 10 CSR 20-8; and

1. 2. Effluent limitations for feedlots under

40 CFR 412 are hereby incorporated by reference. Other limitations shall be in accordance with 10 CSR 20-7.015(9)(G). Effluent limits for subsurface waters shall be in accordance with 10 CSR 20-7.015(7).

1. (3) Permits.

   1. (A) Permits required by this regulation shall be issued in accordance with 10 CSR 20-6.010, 10 CSR 20-6.011, 10 CSR 20- 6.015, 10 CSR 20-6.020 and 10 CSR 20- 6.200.
   2. (B) Applications for permits shall include a professional engineer’s seal affixed to all engineering plans and engineering certifications.

   3. (C) Class IA concentrated animal feeding operations that use wet handling systems shall be required to comply with the following minimum permit related requirements:

      1. 1. Applications for permits shall include

a list of mailing addresses for all adjacent property owners and applicable planning and zoning agencies;

1. 2. Permittee shall retain the services of

a full-time resident engineer during lagoon seal construction and compaction tests for inspection and certification;

1. 3. Barrel tests to determine lagoon leak-

age rates shall be conducted on all newly constructed lagoons which have not yet received operating permits. Barrel tests shall be conducted in accordance with 10 CSR 20- 8.020(16)(B);

1. 4. The department shall be notified at

least seven (7) days prior to the compaction and barrel testing dates to allow observation of the tests;

1. 5. Permits shall require operational

monitoring and reporting, including nutrient levels in wastewater that is land applied; information on land application sites including dates wastewater or manure is applied, application rates per acre, application rates per hour, field slopes, locations, vegetation grown, crop yields, soil moisture and rainfall received; water level measurements in storage structures; operation of land application equipment and other pertinent information;

1. 6. Permits shall require environmental

monitoring and reporting, including nitrogen, phosphorus and potassium levels in soils; wastewater discharges that occur; storm water runoff from the property; in-stream monitoring of any waters of the state that adjoin or pass through the property; and groundwater monitoring wells, if determined to be necessary; and

1. 7. Permits shall include a reopener

clause to allow modification of the permit should future environmental data determine such is needed.

1. (D) As the department does not examine structural features of design or the efficiency of mechanical equipment, the issuance of a permit does not include approval of these features.

1. (4) Closure of Waste Storage Structures.

   1. (A) Facilities that cease operation, or plan to close lagoons and other waste storage structures, shall comply with the requirements in this section:

      1. 1. Class I concentrated animal feeding

operations which cease operation shall continue to maintain a valid operating permit or until all lagoons and waste storage structures are properly closed according to a closure plan approved by the department; and

1. 2. Other concentrated animal feeding

operations that cease operation shall either close the waste storage structures in accordance with the closure requirements in subsection (4)(B) of this rule or shall continue to maintain all storage structures so that there is not a discharge to waters of the state.

1. (B) Closure Requirements.

   1. 1. Lagoons and waste storage structures

shall be closed by removal and land application of all wastewater and sludge;

1. 2. The removed wastewater and sludge

shall be land applied at agricultural rates for fertilizer not to exceed the maximum nutrient utilization of the land application site and vegetation grown and shall be applied at controlled rates so that there will be no discharge to waters of the state; and

1. 3. After removal and proper land appli-

cation of wastewater and sludge, the earthen basins may be demolished by removing the berms, grading and revegetation of the site so as to provide erosion control, or the basin may be left in place for future use as a farm pond or similar uses.

1. (5) Requirements Under Sections 640.700–640.758, RSMo Supp. 1996.

   1. (A) Buffer Distances.

      1. 1. All Class I concentrated animal feed-

ing operations shall maintain a buffer distance between the nearest animal containment building or waste holding basin and any existing public building or occupied residence. The public building or occupied residence will be considered existing if it is being used prior to the start of the neighbor notice requirements of subsection (B) of this section or thirty (30) days prior to construction permit application, whichever is later. Buffer distances shall be—

1. A. One thousand feet (1,000') for

concentrated animal feeding operations between 1,000 and 2,999 animal units (Class IC operations);

1. B. Two thousand feet (2,000') for

concentrated animal feeding operations between 3,000 and 6,999 animal units (Class IB operations); and

1. C. Three thousand feet (3,000') for

concentrated animal feeding operations equal to or greater than 7,000 animal units (Class IA).

1. 2. Existing concentrated animal feeding

operations are exempt from buffer distance requirements if they meet all of the following criteria:

1. A. Have been in existence prior to

June 25, 1996;

1. B. Have been in continuous operation

since June 25, 1996. Operations are continuous provided they have not been left vacant for longer than any eighteen (18)-month period at any one (1) time; and

1. C. The operation does not expand to

a larger classification size.

1. 3. When existing animal feeding opera-

tions or concentrated animal feeding operations expand to a larger class size, the setback distances shall not apply to the portion of the operation in existence as of June 25, 1996.

1. 4. Buffer distances are not applicable to

residences owned by the concentrated animal feeding operation or a residence from which a written agreement for operation is obtained from the owner of that residence. When shorter setback distances are proposed by the operation and allowed by the department, the written agreement for the shorter setback distance shall be recorded with the county recorder and filed in the chain of title for the property of the landowner agreeing to the shorter distance buffer.

1. (B) Neighbor Notice Requirements for Construction Permits.

   1. 1. Prior to filing an application for a

construction permit with the department, all Class I concentrated animal feeding operations shall provide the following information to all the parties listed in paragraph (5)(B)2. of this section:

1. A. The number of animals designed

for the operation;

1. B. The waste handling plan and gen-

eral layout of the operation;

1. C. The location and number of acres

of the operation;

1. D. Name, address and telephone

number of registered agent;

1. E. Notice that the department will

accept written comments for a thirty (30)-day period. The thirty (30)-day notice period will begin on the day the construction permit application is received by the department;

1. F. The scheduled date the operation

intends to submit a construction permit to the department; and

1. G. The address of the department

office receiving comments.

1. 2. The neighbor notice shall be provid-

ed to the following:

1. A. The department’s Water Pollution

Control Program;

1. B. The county governing body; and
2. C. All adjoining owners of property

located within one and one-half (1 1/2) times the buffer distances specified in subsection (5)(A). Distances are to be measured from the nearest animal confinement building or waste holding basin to the adjoining property line.

1. 3. The construction permit applicant

shall submit to the department proof the above notification has been sent.

1. 4. All concentrated animal feeding oper-

ations shall submit to the department a map, approximate scale of 1" = 1,000', or a two (2) times enlarged copy of a United States Geological Survey 7.5 minute quadrangle map. The map shall show the operation layout, buffer distances and property owners within one and one-half (1 1/2) times the buffer distance.

1. 5. The neighbor notice will expire if a

construction permit application has not been received by the department within twelve (12) months of initiating the neighbor notice requirements.

1. (C) Class IA Requirements.

   1. 1. The owner or operator of any Class

IA concentrated animal feeding operation utilizing flush wet handling systems shall employ one (1) or more persons who shall visually inspect the animal waste wet handling facility and holding basins. Visual inspections shall be made at least every twelve (12) hours with a deviation from the twelve (12)-hour requirement not to exceed three (3) hours. The inspections shall focus on the structural integrity of the collection system and containment structures along with any unauthorized discharges from the flush and wet handling systems. Records shall be maintained by the facility for a minimum of three (3) years on forms approved by the department.

1. 2. All Class IA concentrated animal

feeding operations utilizing flush systems shall have an electronic or mechanical shutoff in the event of pipe stoppage or backflow. For new facilities, the shut-off shall be included as part of the construction permit application.

1. 3. Secondary containment structure.

   1. A. All Class IA concentrated animal

feeding operations utilizing flush systems shall have a containment structure(s) or earthen dam(s).

1. B. The containment structure(s) or

earthen dam(s) shall be sized to contain a minimum volume equal to the maximum capacity of flushing in any twenty-four (24)- hour period from all gravity outfall lines, recycle pump stations and recycle force mains. 10 CSR 20-6

1. C. Construction permit(s) shall be

required for the design and construction of the containment structures for all new facilities.

1. 4. Any unauthorized discharges by a

Class IA concentrated animal feeding operation from a flush or wet handling system that cross the property line of the facility, or enter the waters of the state, shall be reported to the department and to all adjoining property owners of the facility within twenty-four (24) hours.

1. (D) Concentrated Animal Feeding Operation Indemnity Fund.

   1. 1. Class IA concentrated animal feeding

operations utilizing flush systems, shall pay an annual fee of ten cents (10¢) per animal unit to the department for deposit in the Concentrated Animal Feeding Operation Indemnity Fund.

1. 2. The annual fee shall be based upon

the animal unit permitted capacity of the facility.

1. 3. The annual fee shall be collected each

year for ten (10) years on the anniversary date of the operating permit. For facilities permitted after June 25, 1996, the annual fee shall commence on the first anniversary of the operating permit. The annual fee for facilities permitted prior to June 25, 1996, shall commence on the first full year anniversary of the permit following June 25, 1996.

1. 4. In the event the department deter-

mines that a Class IA facility has been successfully closed by the owner or operator, all moneys paid by such operation into the Concentrated Animal Feeding Operation Indemnity Fund shall be returned to the operation. In no event, however, shall this refund exceed the unencumbered balance in the Concentrated Animal Feeding Operation Indemnity Fund.

1. 5. The fees referenced in subsection

(5)(D) shall be paid by a check or money order and made payable to the State of Missouri, Concentrated Animal Feeding Operation Indemnity Fund. In the event a check used for the payment of operating fees is returned to the department marked insufficient funds, the person forwarding the check shall be given fifteen (15) days to correct the insufficiency.

1. 6. Fees shall be submitted to: Depart-

ment of Natural Resources, Water Pollution Control Program, Permit Section, P.O. Box 176, Jefferson City, MO 65102.

1. 7. Each payment shall identify the fol-

lowing: state operating permit number, payment period and permittee’s name and address. Persons who own or operate more than one (1) operation may submit one (1) check to cover all annual fees, but are responsible for submitting the appropriate information to allow proper credit for each permit file account.

1. 8. Annual fees are the responsibility of

the permittee. Failure to receive a billing notice is not an excuse for failure to remit the fees.

1. (6) Letters of Approval.

   1. (A) General Requirements.

      1. 1. Animal feeding operations that are

not otherwise required to obtain a permit under this rule, may apply for a letter of approval on a voluntary basis.

1. 2. As the department does not examine

structural features of design or the efficiency of mechanical equipment, the issuance of a letter of approval does not include approval of these features.

1. (B) Letters of approval shall require the following:

   1. 1. The facility shall be constructed and

operated so that the wastewater or wastewater treatment residuals will be land applied to provide beneficial use in agriculture or silviculture;

1. 2. Class II facilities, applying for the let-

ter of approval shall be designed, constructed and operated so as not to discharge through a man-made conveyance; except for those caused by rainfall events exceeding the twenty-five (25)-year, twenty-four (24)-hour rainfall event; and

1. 3. Facilities smaller than Class II apply-

ing for the letter of approval shall use best management practices approved by the department.

1. (C) The letter of approval may be modified or revoked for causes including, but not limited to, the following:

   1. 1. Violation of any term or condition of

the letter of approval;

1. 2. A misrepresentation or failure to ful-

ly disclose all relevant facts in obtaining a letter of approval;

1. 3. A change in the operation, size or

capacity of the approved facility; or

1. 4. A change in the agreement between

the operating authority and the landowner(s).

1. (D) When an operating permit is required under this rule or under 10 CSR 20-6.010 for any activity, no-discharge facilities at the same operating location shall be incorporated into the operating permit and a letter of approval shall not be issued.

2. (E) Applications for Letters of Approval.

   1. 1. An application for, or renewal of, a

construction letter of approval or operating letter of approval shall be made on forms provided by the department. The applications may be supplemented with copies of information submitted for other federal or state permits.

1. 2. All applications must be signed as

follows:

1. A. The chief executive officer of a

corporation or by an individual having responsibility for the overall operation of the regulated facility or activity, such as the plant manager, or by an individual having overall responsibility for environmental matters at the facility;

1. B. A general partner or the proprietor,

respectively, of a partnership or sole proprietorship; or

1. C. A principal executive officer of a

municipal, state, federal or other public facility or an individual having overall responsibility for environmental matters at the facility.

1. 3. Incomplete applications.

   1. A. When an application is incomplete

or otherwise deficient, the applicant shall be notified of the deficiency and given a requested response time to complete the application. Processing of the incomplete application will be discontinued until the applicant has corrected all deficiencies.

1. B. In the event the department does

not receive a response within sixty (60) days after the applicant has been notified of an incomplete application, the application will be closed and returned to the applicant. The applicant shall submit a complete new application in order to receive further consideration of the proposal.

1. 4. The department will act by either

issuing or denying the construction or operating letter of approval application within ninety (90) days of receipt of a complete application. Reasons for a denial shall be given to the applicant in writing.

1. 5. In the event the department fails to act

within ninety (90) days of receipt of a complete application by either issuing or denying a letter of approval, the applicant may proceed with construction. However, changes may be necessary by the department to the design and proposed operation of the facility prior to issuing an operating letter of approval.

1. 6. Continuing authorities for letters of

approval.

1. A. All applicants for construction or

operating letters of approval shall show as part of their application that a permanent entity exists which will serve as the continuing authority for the operation, maintenance and modernization of the facility for which the application is made. Construction and operating letters of approval shall not be issued unless the applicant provides the proof to the department and the continuing authority has submitted a statement indicating acceptance of the facility.

1. B. Continuing authorities which can

be issued letters of approval to collect and/or treat or dispose of process wastes under this regulation are listed under 10 CSR 20-6.010.

1. (F) Construction Letters of Approval.

   1. 1. Applications for construction letters

of approval shall be made on a form provided by the department at least ninety (90) days before the planned start of construction.

1. 2. A separate application shall be sub-

mitted for each facility intended for treatment or disposal of process wastes. However, one (1) application may cover all facilities where there are multiple facilities at a single operating location.

1. 3. An application shall consist of the fol-

lowing items:

1. A. An application form;
2. B. An engineering report along with

plans and specifications shall be submitted governing the design of the waste handling system. All shall be affixed with a professional engineer’s seal;

1. C. An operation and maintenance

plan for collection, storage and land application of process wastes; and

1. D. Other information necessary to

determine compliance with the Missouri Clean Water Law and these regulations as required by the department.

1. 4. Expiration of construction letters of

approval.

1. A. Construction letters of approval

shall expire one (1) year from the date of issuance unless the owner or authorized representative applies for an extension. An applicant for the extension shall show that there have been no substantial changes in the original project and file for extension thirty (30) days prior to expiration of the approval. Only one (1) extension will be given.

1. B. When a construction approval is

issued for a project for which the construction period is known in advance to require longer than one (1) year from the date of issuance, the department may issue an approval allowing a period of time greater than one (1) year upon a showing by the applicant that the period of time is necessary and that no substantial changes in the project will be made without notifying the department. If there are substantial changes, the department may require the applicant to apply for a new construction letter of approval.

1. C. Construction letters of approval

may be issued for a period of less than one (1) year when appropriate.

1. (G) Operating Letters of Approval.

   1. 1. One (1) operating application shall be

submitted to cover all nondischarging facilities at a single operating location.

1. 2. Applications for an operating letter of

approval shall be made on a form provided by the department and should be filed immediately after the project has been completed. The department shall require that a professional engineer affix his/her seal and certify in writing that the project has been completed in accordance with its approved plans and specifications or submit engineering certification of as-built plans and specifications and other supporting documents listed in subsection (6)(F).

1. 3. Obtaining a letter of approval from

the department shall not relieve the operator of any requirement to comply with any local or federal laws or regulations.

1. 4. The operating letter of approval will

normally be issued to the owner for the life of the facility or until ownership changes. The approval may be issued for a shorter period when appropriate.

1. 5. The owner shall advise the depart-

ment when ownership changes, when the facility is closed or when other significant changes are made to the facility that would require updating of the approval.

1. (H) Transfer of Letters of Approval.

   1. 1. Unless a permit is required under sec-

tion (2), an operating letter of approval may be transferred upon submission to the department of an application to transfer signed by a new owner or other continuing authority or responsible party.

1. 2. The letter of approval shall automati-

cally terminate if a transfer application is not submitted within ninety (90) days after the ownership change.

1. 3. Within sixty (60) days of receipt of a

transfer application, the department shall notify the new applicant that the letter of approval is transferred or revoked. If the department fails to notify within this time frame, the new applicant will be considered the new owner or responsible party.

1. 4. Construction letters of approval are

not transferable. If ownership of a facility under construction changes, the new owner shall apply for a new construction letter of approval following the procedures in subsection (6)(F).

1. (I) Terms and Conditions of Letters of

Approval.

1. 1. All waste, wastewater, sludge, residu-

als and by-products shall be handled and disposed so that there is no discharge to waters of the state except for surface discharges from nonpoint sources which use approved best management practices. There shall be no discharges to subsurface waters.

1. 2. An animal feeding operation for

which an operating letter of approval has been issued shall not discharge to waters of the state except for a discharge caused by rainfall events exceeding the twenty-five (25)-year, twenty-four (24)-hour rainfall event. If an unauthorized discharge occurs, the letter of approval is void. The owner must immediately eliminate any discharge to waters of the state and any substantial threat of future discharges or shall apply for an operating permit.

1. 3. The operating letter of approval shall

automatically become invalid upon the issuance of an operating permit.

1. 4. The letter of approval may be modi-

fied, reissued or terminated upon notification from the department as necessary to protect waters of the state or to assure compliance with the Missouri Clean Water Law.

1. 5. The letter of approval shall require

that the facility be designed and operated to provide a beneficial use in accordance with subsection (6)(B).

1. 6. The letter of approval pertains only to

the Missouri Clean Water Law and regulations. It does not apply to other laws and regulations.

1. 7. For the purpose of inspecting, moni-

toring or sampling the treatment or disposal facility for compliance with the Clean Water Law and these regulations, the owner or operator of the letter of approval facility shall allow authorized representatives of the department, upon presentation of credentials and at reasonable times to—

1. A. Enter upon the premises in which

a treatment or disposal facility is located or in which any records are required to be kept under terms and conditions of the letter of approval;

1. B. Have access to or copy any records

required to be kept under terms and conditions of the letter of approval;

1. C. Inspect any monitoring equipment

or monitoring method required in the letter of approval;

1. D. Inspect any collection, treatment

or land application facility covered under the letter of approval; and

1. E. Sample any waste, wastewater,

sludge, residuals or by-products at any point in the collection system or treatment process.

1. 8. Facility expansions, production

increases or process modifications which will result in new or different process waste characteristics must be reported sixty (60) days before the facility or process modification begins. Notification may be accomplished by application for a new letter of approval, or if 10 CSR 20-6

the change will not significantly alter disposal limitations specified in the letter of approval, by submission of notice of the change to the department.

1. 9. Solid wastes or hazardous waste shall

not be introduced into the facility or otherwise land applied or disposed except in accordance with the Missouri Solid Waste Management Law and regulations under 10 CSR 80 and the Missouri Hazardous Waste Management Law and regulations under 10 CSR 25.

1. 10. All reports required by the depart-

ment shall be signed by a person designated in this rule or a duly authorized representative as follows:

1. A. The signature authorization may

be delegated if the representative so authorized is responsible for the overall operation of the facility and the authorization is made in writing by a person designated in subsection (6)(E) of this rule and is submitted to the department; and

1. B. Any changes in the written autho-

rization which occur after the issuance of a letter of approval shall be reported to the department by submitting a new written authorization which meets the requirements of paragraph (6)(I)12.

1. 11. New confinement operations shall

comply with the design standards in subsection (2)(C) of this rule; and

1. 12. Other terms and conditions may be

incorporated into letters of approval if the department determines they are necessary to assure compliance with the Clean Water Law and regulations.

AUTHORITY: sections 640.710 and 644.026, RSMo Supp. 1997.* Original rule filed June 1, 1995, effective Jan. 30, 1996. Amended: Filed March 1, 1996, effective Nov. 30, 1996. Amended: Filed July 9, 1998, effective March 30, 1999. *Original authority 640.710, RSMo 1996 and 644.026, RSMo 1972, amended 1973, 1987, 1993, 1995.